PART 921—MASSACHUSETTS Authority: 30 U.S.C. 1201 et seq. Source: 48 FR 41004, Sept. 12, 1983, unless otherwise noted. § 921.700 Massachusetts Federal program. (a) This part contains all rules that are applicable to surface coal mining operations in Massachusetts which have been adopted under the Surface Mining Control and Reclamation Act of 1977. (b) The rules in this part cross-reference pertinent parts of the permanent program regulations in this chapter. The full text of a rule is in the permanent program rule cited under the relevant section of the Massachusetts Federal program. (c) The rules in this part apply to all surface coal mining operations in Massachusetts conducted on non-Federal and non-Indian lands. The rules in Subchapter D of this chapter apply to operations on Federal lands in Massachusetts. (d) The recordkeeping and reporting requirements of this part are the same as those of the permanent program regulations which have been approved by the Office of Management and Budget under 44 U.S.C. 3507. (e) There are no Massachusetts laws which provide more stringent environmental control and regulation of surface coal mining operations than do the provisions of the Surface Mining and Reclamation Act and the regulations in 30 CFR chapter VII. (f) The following are Massachusetts laws that interfere with the achievement of the purposes and requirements of the Act and are, in accordance with section 504(g) of the Act, preempted and superseded insofar as they apply to surface coal mining operations regulated under the Act: (1) The Coal Mining Regulatory and Reclamation Act of 1977, as amended, Mass. Ann. Laws. Ch. 21B, Sections 1-15. (2) Statutes governing licenses for minerals exploration, Mass. Ann. Laws Ch. 21, section 54-56. (g) The Secretary may grant a limited variance from the performance standards of §§ 921.815 through 921.828 of this part if the applicant for coal exploration approval or a surface mining permit submitted pursuant to §§ 921.772 through 921.785 demonstrates in the application that: (1) Such a variance is necessary because of the nature of Massachusetts' terrain, climate, biological, chemical or other relevant physical conditions; and (2) The proposed variance is not less effective than the environmental protection requirements of the regulations in this program and is consistent with the Act. [48 FR 41004, Sept. 12, 1983, as amended at 52 FR 13808, Apr. 24, 1987] § 921.701 General. Sections 700.5, 700.11, 700.12, 700.13, 700.14, 700.15, and part 701 of this chapter shall apply to surface coal mining and reclamation operations in Massachusetts. § 921.702 Exemption for coal extraction incidental to the extraction of other minerals. Part 702 of the chapter, Exemption for Coal Extraction Incidental to the Extraction of Other Minerals, [54 FR 52123, Dec. 20, 1989] § 921.707 Exemption for coal extraction incident to Government-financed highway or other construction. Part 707 of this chapter, Exemption for Coal Extraction Incident to Government-Financed Highway or Other Construction, § 921.761 Areas designated unsuitable for surface coal mining by Act of Congress. Part 761 of this chapter, Areas Designated by Act of Congress, § 921.762 Criteria for designating areas as unsuitable for surface coal mining operations. Part 762 of this chapter, Criteria for Designating Areas Unsuitable for Surface Coal Mining Operations, § 921.764 Process for designating areas unsuitable for surface coal mining operations. Part 764 of this chapter, State Processes for Designating Areas Unsuitable for Surface Coal Mining Operations, § 921.772 Requirements for coal exploration. (a) Part 772 of this chapter, Requirements for Coal Exploration, (b) The Office shall make every effort to act on an exploration application within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. [52 FR 13809, Apr. 24, 1987] § 921.773 Requirements for permits and permit processing. (a) Part 773 of this chapter, Requirements for Permits and Permit Processing, (b) In addition to the requirements of part 773, the following permit application review procedures shall apply: (1) Any person applying for a permit shall submit five copies of the applications to the Office. (2) The Office shall review an application for administrative completeness and acceptability for further review and shall notify the applicant in writing of the findings. The Office may: (i) Reject a flagrantly deficient application, notifying the applicant of the findings; (ii) Request additional information required for completeness stating specifically what information must be supplied and negotiate the date by which the information must be submitted; or (iii) Judge the application administratively complete and acceptable for further review. (3) Should the applicant not submit the information as required by § 921.773(b)(2)(ii) by the specified date, the Office may reject the application. When the applicant submits the required information by the specified date, the Office shall review it and advise the applicant concerning its acceptability. (4) When the application is judged administratively complete, the applicant shall be advised by the Office to file the public notice required by § 773.6 of this chapter. (5) A representative of the Office shall visit the proposed permit area to determine whether the operation and reclamation plans are consistent with actual site conditions. The applicant will be notified in advance of the time of the visit. At the time of the visit, the applicant shall have the locations of the proposed permit boundaries, topsoil storage areas, sediment control structures, roads, and other significant features contained in the application marked by flags. (c) In addition to the information required by subchapter G of this chapter, the Office may require an applicant to submit supplementary information to ensure compliance with applicable Federal laws and regulations other than the Act. (d) No person shall conduct coal exploration which results in the removal of more than 250 tons of coal nor shall any person conduct surface coal mining operations without a permit issued by the Secretary pursuant to 30 CFR part 773 and applicable permits issued pursuant to the laws of the State of Massachusetts, including: The Historic and Scenic Rivers Act, Mass. Ann. Laws Ch. 21, sections 8-17B; Massachusetts Register of Historic Places, Mass. Ann. Laws Ch. 152 and the regulations (950 CMR 71); Historical Preservation Statutes, Mass. Ann. Laws Ch. 9, sections 26-27(D); real property statutes. Mass Ann. Laws Ch. 184, sections 31-32; statutes governing State forests and parks, Mass. Ann. Laws Ch. 132, sections 40-46; of the Wetlands Protection Act Ch. 131, sections 40-46; statutes and rules governing dredging permits, Mass. Ann. Laws Ch. 21A; section 14, 310 CMR 9.01 et seq.; (e) The Secretary shall provide for coordination of review and issuance of a coal exploration or surface coal mining and reclamation permit with the review and issuance of other Federal and State permits listed in this subpart and part 773 of this chapter. [52 FR 13809, Apr. 24, 1987, as amended at 65 FR 79672, Dec. 19, 2000] § 921.774 Revision; renewal; and transfer, assignment, or sale of permit rights. (a) Part 774 of this chapter, Revision; Renewal; and Transfer, Assignment, or Sale of Permit Rights, (b) Any revision to the approved permit will be subject to review and approval by OSMRE. (1) Significant revisions shall be processed as if they are new applications in accordance with the public notice and hearing provisions of §§ 773.6, 773.19(b) (1) and (2), and 778.21 and of part 775. (2) OSMRE shall make every effort to approve or disapprove an application for permit revision within 60 days of receipt or such longer time as may be reasonable under the circumstances. If additional time is needed, OSMRE shall notify the applicant that the application is being reviewed, but that more time is necessary to complete such review, setting forth the reasons and the additional time that is needed. (c) In addition to the requirements of part 774 of this chapter, any person having an interest which is or may be adversely affected by a decision on the transfer, assignment, or sale of permit rights, including an official of any Federal, State, or local government agency, may submit written comments on the application to the Office within thirty days of either the publication of the newspaper advertisement required by § 774.17(b)(2) of this chapter or receipt of an administratively complete application, whichever is later. [52 FR 13809, Apr. 24, 1987, as amended at 65 FR 79672 Dec. 19, 2000] § 921.775 Administrative and judicial review of decisions. Part 775 of this chapter, Administrative and Judicial Review of Decisions, [52 FR 13809, Apr. 24, 1987] § 921.777 General content requirements for permit applications. Part 777 of this chapter, General Content Requirements for Permit Applications, [52 FR 13809, Apr. 24, 1987] § 921.778 Permit applications—minimum requirements for legal, financial, compliance, and related information. Part 778 of this chapter, Permit Applications—Minimum Requirements for Legal, Financial, Compliance and Related Information, [52 FR 13809, Apr. 24, 1987] § 921.779 Surface mining permit applications—minimum requirements for information on environmental resources. Part 779 of this chapter, Surface Mining Permit Applications—Minimum Requirements for Information on Environmental Resources, § 921.780 Surface mining permit applications—minimum requirements for reclamation and operation plan. Part 780 of this chapter, Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, § 921.783 Underground mining permit applications—minimum requirements for information on environmental resources. Part 783 of this chapter, Underground Mining Permit Applications—Minimum Requirements for Information on Environmental Resources, § 921.784 Underground mining permit applications—minimum requirements for reclamation and operation plan. Part 784 of this chapter, Underground Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, § 921.785 Requirements for permits for special categories of mining. Part 785 of this chapter, Requirements for Permits for Special Categories of Mining, § 921.795 Small operator assistance. Part 795 of this chapter, Small Operator Assistance, § 921.800 General requirements for bonding of surface coal mining and reclamation operations. Part 800 of this chapter, General Requirements for Bonding of Surface Coal Mining and Reclamation Operations Under Regulatory Programs, § 921.815 Performance standards—coal exploration. Part 815 of this chapter, Permanent Program Performance Standards—Coal Exploration, § 921.816 Performance standards—surface mining activities. Part 816 of this chapter, Permanent Program Performance Standards—Surface Mining Activities, § 921.817 Performance standards—underground mining activities. Part 817 of this chapter, Permanent Program Performance Standards—Underground Mining Activities, § 921.819 Special performance standards—auger mining. Part 819 of this chapter, Special Permanent Program Performance Standards—Auger Mining, § 921.823 Special performance standards—operations on prime farmland. Part 823 of this chapter, Special Permanent Program Performance Standards—Operations on Prime Farmland, § 921.824 Special performance standards—mountaintop removal. Part 824 of this chapter, Special Permanent Program Performance Standards—Mountaintop Removal, § 921.827 Special performance standards—coal processing plants and support facilities not located at or near the minesite or not within the permit area for a mine. Part 827 of this chapter, Special Permanent Program Performance Standards—Coal Processing Plants and Support Facilities Not Located at or Near the Minesite or Not Within the Permit Area for a Mine, § 921.828 Special performance standards—in situ processing. Part 828 of this chapter, Special Permanent Program Performance Standards—In Situ Processing, § 921.842 Federal inspections. (a) Part 842 of this chapter, Federal Inspections, (b) The Secretary will furnish copies of inspection reports and reports of any enforcement actions taken to the Massachusetts Department of Environmental Management upon request. § 921.843 Federal enforcement. (a) Part 843 of this chapter, Federal Enforcement, (b) The Office will furnish a copy of any enforcement document to the Massachusetts Department of Environmental Management upon request. § 921.845 Civil penalties. Part 845 of this chapter, Civil Penalties, § 921.846 Individual civil penalties. Part 846 of this chapter, Individual Civil Penalties, [53 FR 3676, Feb. 8, 1988] § 921.955 Certification of blasters. Parts 955 of this chapter, Certification of Blasters in Federal Program States and on Indian Lands, [51 FR 19462, May 29, 1986]